Everything in a post-conviction case starts with the paperwork. Before any attorney will take a case, before any innocence organization will open a file, before you can identify what went wrong at trial - you need the documents.
This sounds simple. It isn't always. Getting complete trial records can be expensive, time-consuming, and sometimes frustrating. But there is no shortcut. The documentation is the foundation.
What You Actually Need
The phrase "case records" covers a lot of ground. Here's a breakdown of the specific documents that matter most and why:
Trial transcripts are a verbatim written record of everything said in open court - jury selection, opening statements, witness testimony, objections and rulings, closing arguments, and sentencing proceedings. This is the most important document in any post-conviction case. Every claim that something went wrong at trial starts with the transcript.
Police reports are the investigative documents created by law enforcement during the investigation. These include the initial incident report, detective follow-up reports, witness interview summaries, and any other documentation of the investigation. In many wrongful conviction cases, discrepancies between what police reports say and what witnesses testified to at trial are one of the first indicators that something went wrong.
The indictment or information is the formal charging document that specifies what crime the person was charged with. This is a public record and relatively easy to obtain.
Court docket and orders - the complete record of every filing, motion, hearing, and ruling in the case. This tells you the procedural history: what was filed, when, and what happened to it.
Sentencing documents - the presentence investigation report if one was prepared, and the formal judgment and commitment order.
Evidence lists - documentation of what physical evidence was collected, what was submitted to the lab, and what lab results were produced. This is crucial for evaluating whether DNA or other forensic testing is possible.
How to Get Trial Transcripts
Trial transcripts are prepared by court reporters - either official court employees or independent contractors who were present and recorded the proceedings. In most jurisdictions, obtaining a copy works like this:
First, identify the court reporter who recorded the trial. This information is typically in the court docket. Second, contact that court reporter directly and request a copy of the transcript. Third, pay the per-page fee, which varies significantly by jurisdiction but can be substantial for a long trial - $3 to $6 per page is common, and a two-week trial might produce 2,000 or more pages.
Some courts maintain their own transcript archives, particularly for older cases. The clerk of court in the jurisdiction where the trial occurred can tell you whether transcripts are available through the court itself or need to be requested from a court reporter.
For cases on appeal, transcripts are often already on file with the appellate court. If a direct appeal was filed, the transcript almost certainly exists somewhere in the appellate record and may be more accessible than going back to the trial court.
How to Get Police Reports and Investigative Files
Police reports are typically obtained through one of two channels: through the original defense attorney's file, or through a public records request.
If there was a defense attorney, that attorney is obligated to provide a copy of the case file to the client upon request. "Case file" includes all discovery materials received from the prosecution - which should include police reports, lab reports, and witness statements. Getting this file is often the fastest route to the investigative documents.
Public records requests - made under state Freedom of Information laws or state public records statutes - can be submitted directly to the police department or prosecutor's office that handled the case. These requests sometimes produce documents that weren't in the original defense file, particularly if the original disclosure was incomplete. The response time and completeness of these responses varies significantly by jurisdiction.
What to Do If You Hit a Wall
Some court reporters go out of business, retire, or lose their records. Some older cases have incomplete files. Some jurisdictions have poor record-keeping. When you can't obtain complete records through normal channels, a post-conviction attorney can sometimes file motions compelling the production of records or requesting the court to reconstruct what's available.
Start the process early. Requesting records takes time - sometimes months. And some records have retention periods after which they're destroyed. For older cases especially, there is urgency in getting requests in before that window closes.
Our state resources directory lists organizations that can help you navigate this process in your state, including those that assist families with document gathering in preparation for post-conviction proceedings.